ICC
Prosecutor Fatou Bensouda announced today in a press release that she has
opened a preliminary investigation into the Palestine-Israel situation. The
press release is significant not only because it identifies the Prosecutor’s
first steps following Palestine becoming a State Party to the ICC , but also
because it underscores her commitment to the independence and impartiality of
the Court.
As
stated by the Prosecutor, a preliminary examination differs significantly from
an investigation. A preliminary examination involves reviewing available
information to determine whether there is a “reasonable basis to proceed with
an investigation pursuant to the criteria established by the Rome Statute.” The
Court’s Rome Statute does not impose any deadline for this examination. The
Office of the Prosecutor (OTP) will render a determination only when it has
sufficient facts and legal findings to decide whether an investigation is
justified.
The
Prosecutor also takes special care to identify the reasons for why Palestine is
considered a State and thus eligible for accession to the Rome Statute. In
doing so, she emphasizes that it is not the ICC that determines a State’s
eligibility to join the Court. She explains this by describing how Palestine’s
eligibility was in fact established. Through reference to the United Nations
General Assembly (UNGA) Resolution 67/19 – resolution upgrading Palestine to
non-member observer state in the UN – the Prosecutor explains that the
eligibility of Palestine to accede to the Rome Statute was contingent on
Palestine’s statehood status in the UN.
The
Prosecutor makes it expressly clear in today’s press release her determination
that her office will proceed in examining the Palestine situation impartially.
As the preliminary examination progresses, we will monitor the Prosecutor’s
actions to confirm that this impartiality persists, and will provide further
information as events unfold.
Written by Michaela Connolly
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